What is the test for finding that a judge relied on false or unreliable information in a sentencing decision?
MultiRegion, United States of America
The following excerpt is from Haberlin v. Estelle, 928 F.2d 408 (9th Cir. 1991):
Haberlin argues that his due process rights were violated because the trial court judge relied on false information in his sentencing decision. We disagree. For us to find a due process violation, Haberlin "must show such information is (1) false or unreliable, and (2) demonstrably made the basis for the sentence." United States v. Messer, 785 F.2d 832, 834 (9th Cir.1986) (citing Farrow v. United States, 580 F.2d 1339, 1359 (9th Cir.1978) (en banc)).
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